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Home My WebLink AboutBIL 175 Draft 01 2006-2008 t~ Nu ' ~I COUNTY OF HAWAII STATE OF HAWAII •••»~Ol~M~~ BILL NO. >_~5 ORDINANCE NO. ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE VI, CHAPTER 4, OF THE HAWAII COUNTY CHARTER (2000), ESTABLISHING WINDWARD AND LEEWARD PLANNING COMMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the Hawaii County Charter that would provide for two advisory planning commissions in Hawaii County. Over the past several decades population growth has resulted in an unprecedented rise in development activity particularly affecting the leeward region of Hawaii County. It is estimated that most of the construction and development occurring in leeward Hawaii is the result of rezoning applications approved many years ago. Baseline information indicates that the windward district is also experiencing an unprecedented rise in development activity and infrastructure pressures similar to that which has manifested in leeward Hawaii over the yeazs. This alarming rate of growth affecting both the windwazd and leeward azeas of Hawai `i County and potential impacts resulting from proposed future developments and pending rezoning requests justify the creation of two planning commissions to serve Hawaii County. Two independent planning commissions would be better equipped to focus on issues specific to the respective affected districts and thus promote clear and concise regional discussions regarding levels of service, mitigation measures and future planning deficits. The two independent planning commissions would focus deliberations upon and assure sensitive consideration of the unique demographics within Hawaii County. Two independent planning commissions would eliminate the perception of a "one-size-fits-all" method of planning. This proposal would create a windwazd planning commission and a leeward planning commission based upon judicial districts and as demarcated by district boundaries set forth in §4- 1(1), Haw. Rev. Stat., which provides as follows: `...(1) The island and County of Hawaii shall be divided into nine districts as follows: (A) Puna, to be styled the Puna district; (B) From the Hakalau stream to the boundary of South Hilo and Puna, to be styled the South Hilo district; (C) From the boundary of the Hamakua and North Hilo to the Hakalau stream, to be styled the North Hilo district; (D) Hamakua, to be styled the Hamakua district; (E) North Kohala, to be styled the North Kohala district; (F) South Kohala, to be styled the South Kohala district; (G) North Kona„ to be styled the North Kona district; (H) South Kona, to be styled the South Kona district; and Kau, to be styled the Kau district...." SECTION 2. Article VI, chapter 4, section 6-4.1, of the Hawaii County Charter (2000), relating to Organization, is amended as follows: "Section 6-4.1. Organization. There shall be a planning department consisting of a planning director, a windward planning commission, a leewazd planning commission and the necessary staff" SECTION 3. Article VI, chapter 4, section 6-4.2, of the Hawaii County Charter (2000), relating to the Planning Director, is amended as follows: "Section 6-4.2. Planning Director. The planning director shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The planning director shall have had a minimum of five years' training and experience in a responsible planning position, or a degree in planning, engineering, azchitecture, geography or another planning-related field and three yeazs' experience in a responsible planning position. No less than three years' experience shall have been in an administrative capacity. The director shall be the chief planning officer of the county and the administrative head of the department and shall: [(aj] ~ Advise the mayor, the windward planning commission the leeward plannine commission and the council on all planning and land use matters. ~ Prepaze a general plan, implementation plans and any amendments thereto in accordance with section 3-15. [(e,~] Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments thereto. [(d~] l~ Review the lists of proposed capital improvements contemplated by agencies of the county and recommend the order of their priority. [(e3] ~ Administer the subdivision and zoning ordinances and regulations adopted thereunder. ~ Render decisions on proposed subdivision plans pursuant to law. [(gj] l~ Make recommendations on rezoning applications, special exceptions and other similar requests. [(h3] ~ Render decisions on proposed variances pursuant to law, except that, if any written objections aze made to the planning director's actions under this section, said actions shall be subject to review by the boazd of appeals in accordance with section [~-10-2] 6-10.2, unless otherwise provided by law or this charter. [(ij] Perform such other related duties and functions as may be necessary or required pursuant to law and this charter." 2 SECTION 4. Article VI, chapter 4, section 6-4.3 of the Hawaii County Charter (2000), relating to the Planning Commission, is repealed. SECTION 5. Article VI, chapter 4, of the Hawaii County Charter (2000), relating to the Planning Department, is amended by adding new sections 6-4.3, 6-4.4, and 6-4.5 to read as follows: "Section 6-4.3. Windward Plannin¢ Commission. (a) There is established a windward planning, commission that shall have jurisdiction over the area comprised of districts 1 (Puna); 2 (South Hilo); 3 (North Hilo); 4 (Hamakua); and 9 (Ka`u). (b) There shall be seven members on this commission. The commission shall include one member each from districts 1, 2, 3, 4, and 9 and two "at-large" members. The two "at-large" members shall be selected from among districts 1 2 3 4 and 9. These seven members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. Each member shall be a legal resident and registered voter of the district which the member represents. In addition, the director of public works and the manager of the department of water supply, or their designated representatives, shall serve as ex-officio members of the windward planning commission, without power to vote. Section 6-4.4. Leeward Plannin¢ Commission. (a) There is established a leeward planning commission that shall have jurisdiction over the area comprised of districts 5 (North Kohala); 6 (South Kohala); 7 (North Kona); and 8 (South Kona). (bl There shall be seven members on this commission. The commission shall include one member each from districts 5, 6, 7, and 8 and three "at-large" members. The three "at-large" members shall be selected from among districts 5, 6, 7 and 8. These seven members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. Each member shall be a legal resident and registered voter of the district which the member represents. In addition, the director of public works and the manaeer of the department of water supply, or their designated representatives, shall serve as ex-officio members of the leeward planning commission, without power to vote. Section 6-4.5. Duties and Functions of the Windward and Leeward Plannin¢ Commissions. (a) Both commissions shall: (1) Advise the mayor, council and the planning director on planning and land use matters pursuant to law and this charter. 3 (2) Review the eg neral elan its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mavor to the council for consideration and action. (3) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mavor to the council for consideration and action. (4) Conduct public heazings in every case prior to action on any matter upon which the commission is regLuired by law or this charter to act. Notice of the time and place of the heazing shall be published at least ten days prior to such heazing in at least two daily newspapers of general circulation in the county. (5) Perform such other related duties and functions as may be necessazy or required pursuant to law and this charter. (b) A uniform body of rules of procedure shall apply to both commissions. (c) If an issue arises as to which commission shall maintain iurisdiction over any matter the Planning Director shall determine which commission shall maintain iurisdiction." SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 7. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the provision or the application, and to this end, the provision of this ordinance are declared severable. SECTION 8. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii county for approval at the 2008 general election. SECTION 9. Upon approval of the charter amendment proposed in this ordinance by a majority of voters voting thereon, as duly certified, the provisions of this ordinance shall take effect on the first working day, i.e. the first day that does not fall on a weekend or County of Hawaii legal holiday, that occurs on the effective date of this ordinance. 4 SECTION 10. Upon taking effect, the Charter amendment proposed in this ordinance will not be applied retroactively but shall only affect matters initiated on the first working day, i.e. the first day that does not fall on a weekend or County of Hawaii legal holiday, that occurs on the effective date of this ordinance. INTRODUCED BY: K. ANGEL PILA O Hawaii Date of Introduction: Date of I S` Reading: Date of 2°d Reading: Date of 3`d Reading: Effective Date: ...662.......__ 5